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N.J. ASS'N OF HEALTH CARE FACIL. v. KLEIN

182 N.J. Super. 252 (1981)

440 A.2d 476

NEW JERSEY ASSOCIATION OF HEALTH CARE FACILITIES, A CORPORATION NOT FOR PROFIT OF THE STATE OF NEW JERSEY, APPELLANT, v. ANN KLEIN, COMMISSIONER OF HUMAN SERVICES, AND THE NEW JERSEY DEPARTMENT OF HUMAN SERVICES, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 15, 1981.

Attorney(s) appearing for the Case

Jonathan D. Weiner, attorney for appellant New Jersey Association of Health Care Facilities.

James R. Zazzali, Attorney General of New Jersey, attorney for respondent Ann Klein, Commissioner of Human Services, and the New Jersey Department of Human Services (John J. Degnan, former Attorney General of New Jersey; Erminie L. Conley, Assistant Attorney General, of counsel; Barbara A. Harned, Deputy Attorney General, on the brief).

Goldie A. Colonna, attorney for amicus curiae, John J. Fay, Jr., Ombudsman for the Institutionalized Elderly (Sharon B. Ransavage, on the brief).

David Lazarus, attorney for amicus curiae, Community Mental Health Law Project (David Lazarus and Gary D. Gordon, on the brief).

Before Judges MICHELS, McELROY and J.H. COLEMAN.

The opinion of the court was delivered by MICHELS, P.J.A.D.

This appeal challenges the validity of the Personal Needs Allowance regulations (N.J.A.C. 10:123-3.1 et seq.), promulgated by the Department of Human Services to implement the "Rooming and Boarding House Act of 1979" (Act) (L. 1979, c. 496); N.J.S.A. 55:13B-1 et seq. N.J.A.C. 10:123-3.2 of the regulations, which became effective on August 27, 1980, provides:

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